My daughter was sexual assult. She is given a subpena to attend court. As a father I have deal with alot of emotional problems from her. Is there a law that would protect her from testifying?? I dont want her to re-live this whole situation when well been over 1 year. DA tells me she has to, even though they have all the evidence such as DNA results and a video confession from the city. Im so afraid for my daughter what can I do.
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Sex Crimes, Sex Offenders 10 yr old daughter sexually assult victim rights
- Thread Starter tyes45
- Start date
- Status
raskalnikov
New Member
I don't know about California, but there is a possibility she well basically testify to a camera and be questioned, so she won't see her attacker.
and USUALLY defense attorneys don't beat up on children, lest it anger the jury. . .
Once it's over, it may be long-term therapeutic.
and USUALLY defense attorneys don't beat up on children, lest it anger the jury. . .
Once it's over, it may be long-term therapeutic.
Thank you for you time. Since she was improving mentally I would perfer her not to. She for once in 1 year is becoming more like her self. This testifying would only ruin the year in progress and only add more mental trama moving forward.. I know she can take the 5th admenmant, but she will still have to see the bastard in the same room.. I've spoke with a lawyer in town and he gave me the 5th and a petition were my options. my sister ask a lawyer in LA and was told there was a law to protect my daughter but they fail to get in detail and direct her to the county of the incident. so far no help. I even ask the DA and they gave me a vague answer. I even ask 3 times and just wanted a yes or no answer, again they were very very vague. By that I feel like something is hidden from me.
jacksgal
New Member
Its my belief that you as the parent have control over whether your child takes stand or not.
raskalnikov
New Member
Jacksgal,
I think that would be a huge loop-hole. . . it's important she testifies to put this horrible person away for as long as possible.
I think that would be a huge loop-hole. . . it's important she testifies to put this horrible person away for as long as possible.
jacksgal
New Member
I am not disagreeing. However as a parent myself I see where OP is coming from. I also could be wrong. Its my belief only. Perhaps Carl will come by you should know. Its important to put this trash away but the child's Mental Health is very important also. If DA has enough with other witinesses (if any) and DNA etc why put child through this? Onc emore I am not looking for loophole or disagreeing that child taking stand might be crucial to case. My concern is for the child and how this will effect the child in the future
mightymoose
Moderator
Obviously if she doesn't testify then the case isn't going to hold up.
If there is a legitimate concern about emotional trauma from testifying then the court will likely order that she be interviewed by a doctor to determine whether or not she should testify in court. Considering her age, it is probably more likely that she would have to testify, but you never know.
If they decided that there would be excessive emotional harm from testifying then they would arrange for the questioning to be done elsewhere and recorded, later to be played back to the jury... but that really only keeps her out of public and from having to give embarrassing testimony in front of a court room full of strangers... she would still have to face the suspect.
Get hold of your local agency and ask to contact a victim's rights advocate. They should be able to help you out with this or point you in the right direction. Otherwise, make your concerns very clear to the prosecutor so they can make appropriate arrangements for testimony. If you wait til the day you are due in court to address the issue then it is too late.
If there is a legitimate concern about emotional trauma from testifying then the court will likely order that she be interviewed by a doctor to determine whether or not she should testify in court. Considering her age, it is probably more likely that she would have to testify, but you never know.
If they decided that there would be excessive emotional harm from testifying then they would arrange for the questioning to be done elsewhere and recorded, later to be played back to the jury... but that really only keeps her out of public and from having to give embarrassing testimony in front of a court room full of strangers... she would still have to face the suspect.
Get hold of your local agency and ask to contact a victim's rights advocate. They should be able to help you out with this or point you in the right direction. Otherwise, make your concerns very clear to the prosecutor so they can make appropriate arrangements for testimony. If you wait til the day you are due in court to address the issue then it is too late.
CdwJava
Moderator
In addition to what Moose wrote, I have to add that the daughter really has no choice but to respond to the subpoena. She can hire an attorney and seek to have it quashed, but if she is successful, her attacker walks.
And she can NOT "plead the 5th" as she is not a suspect and what she says is not likely to incriminate her in a criminal act. But, without her testimony, DNA or not, there is no way to prove that a forcible sexual assault occurred. If she refuses to testify, the defense MIGHT choose to plead to a lesser offense that may leave him free to do whatever it was he did all over again.
An advocate can help her negotiate the system and provide emotional support, but they cannot keep her from testifying.
The short answer here is that she has no choice but to testify if the DA proceeds with the subpoena. And, if she manages NOT to testify, the case is pretty much over.
And she can NOT "plead the 5th" as she is not a suspect and what she says is not likely to incriminate her in a criminal act. But, without her testimony, DNA or not, there is no way to prove that a forcible sexual assault occurred. If she refuses to testify, the defense MIGHT choose to plead to a lesser offense that may leave him free to do whatever it was he did all over again.
An advocate can help her negotiate the system and provide emotional support, but they cannot keep her from testifying.
The short answer here is that she has no choice but to testify if the DA proceeds with the subpoena. And, if she manages NOT to testify, the case is pretty much over.
there is no legal document that would clarify this. i've been searching with no sucess. I know they have enough evidence, there is 3 witness and DNA results. DNA results is a 99.9% that he was the person. somehow the DA seems not to care about my worries. I know they have a job to do, but there seems to be a whole lot of evidence.
CdwJava
Moderator
The evidence must be presented in a way that it explains the crime. It will all come down to the testimony of the victim to tie them in. Without the testimony of the victim, they have contact - perhaps even sexual contact (assuming this is a rape case) - but they do NOT have "force." The victim's state of mind and perspective will be vital and could make the difference between a felony conviction or one for a lesser offense - perhaps one that does not even include jail time.
Unless the defense is willing to plead guilty, the victim WILL be needed.
It is not that the DA does not care, it is that he has a job to do. That job is to put away a predator. If causing your daughter some discomfort will prevent anyone else's daughter from having to go through what she has, I think that is something he is willing to do. And, I believe, it is something we can all agree needs to be done.
I have investigated a good number of cases and in all of them, when the defendant refused a plea deal and the victim fails to cooperate, the defendant walked.
Unless the defense is willing to plead guilty, the victim WILL be needed.
It is not that the DA does not care, it is that he has a job to do. That job is to put away a predator. If causing your daughter some discomfort will prevent anyone else's daughter from having to go through what she has, I think that is something he is willing to do. And, I believe, it is something we can all agree needs to be done.
I have investigated a good number of cases and in all of them, when the defendant refused a plea deal and the victim fails to cooperate, the defendant walked.
mightymoose
Moderator
The defendant has a Constitutional right to confront his accusers. All evidence aside, your daughter's failure to testify throws a wrench into the works. Without her testimony, what is the DNA supposed to prove?
jharris352
New Member
Jacksgal means well but this simply isn't true. Now it is true that the DA is unlikely to force her to take the stand. If he/she forces the victim to take the stand a well timed question like: "You didn't want to testify against so and so did you?" and "You are being forced to say the things you are saying, aren't you?" Will harm the case.
This is the very reason that many cases like this get such a light sentence. The victim does not want to testify or the parent doesn't want the victim to testify and the Defendant pleas to a much lighter sentence than they deserve.
While I totally understand your position, and I sympathize with you, think about this for a minute. How are you going to feel when this monster abuses another 10 year old girl? What if he kills her? People like this scum are not going to quit. He NEEDS to be put away for as long as possible. The Court will absolutely do BACK FLIPS to protect your child from any more stress than is absolutely necessary.
I will back up what another poster said. No defense attorney is going to question your daughter hard. It is somewhat likely they won't question her at all. A Judge is going to be down right aggressive with anyone who even makes your child nervous with their questioning on the stand.
It is even possible that the Judge will do the questioning in chambers with the attorney's present. I have seen where attorneys watch the judge question a child, then submit written follow-ups to the judge for the judge to ask. It won't be fun, but it won't be as bad as you might imagine.
I truly encourage you to have your daughter testify. This monster will do it again. Next time he may not leave the victim alive to testify. I know you don't want that on your conscience. I truly sympathize with your plight, good luck.
I have to agree that if the victim does not testify, it is possible this man will walk. The defendent has a right to face his accuser which is not right. Encourage your daughter to be strong and with her help, he will NEVER hurt anothr child again. How long of a prison term is the DA pushing for?
- Status
Share this page
